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(영문) 전주지방법원 군산지원 2017.02.03 2016고단1173
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with low risk driving (the injury or injury caused by dangerous driving) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 25, 2016, the Defendant driven the said car under the influence of alcohol content of 0.188% among blood transfusions on August 25, 2016, and continued to drive the said car along the three-lanes from the original selling string to the white turging line.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by keeping the front section well, and by accurately manipulating the steering direction, brakes, etc. of the motor vehicle while maintaining the safety distance between the two.

Nevertheless, Defendant 1 was under the front of Defendant 1’s vehicle, which was driven on the front side of Defendant 1’s “D” motor vehicle due to Defendant 1’s negligence while driving a motor vehicle under the influence of alcohol, such as in-depth and in-distance, which was driven by Defendant 1 due to the influence of alcohol.

Ultimately, the Defendant suffered from the victim’s injury, such as fluoral salt, which requires approximately two weeks of treatment, due to the foregoing negligence.

2. The Defendant violated the Road Traffic Act (drinking) driving a motor vehicle with the “B” low alcohol content in the 2km section of approximately 0.188% from the 8-lane 11, 1, 1, 1, 1, 1, 2, to the front side of the same cargo terminal at the time of the day indicated in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement prepared in C;

1. The actual investigation report on traffic accidents;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts.

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